Grandfather bonds out of jail in granddaughter's death

Published: Dec. 16, 2019 at 10:22 AM CST
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Shortly after his bond was lowered on Friday, a grandfather charged with murder in the death of a 4-year-old granddaughter was released from jail on Friday.

In his motion seeking a lower bond, Timothy W. Funk Sr., through his defense attorney, said the death of his granddaughter was "the result of a tragic accident due to carbon monoxide poisoning" that also impacted Funk and a second granddaughter.

Funk is charged with felony first-degree murder in the death of Brandy Lee Funk, a granddaughter of Timothy Funk, and two felony counts of aggravated endangering a child, according to court records.

During a hearing on Friday when Funk, 57, asked a judge to lower his $500,000 bond in an amount "this court deems reasonable," the motion to modify Funk's bond said.

Following a hearing on Friday, Shawnee County District Court Judge David Debenham lowered Funk's bond to $75,000 cash or professional surety. Funk was released from jail at about 1 p.m. on Friday.

Brandy Funk died on July 23 at 308 S. Masche Street in Silver Lake home.

Funk's conditions of bond include he isn't to have contact with the victims or witnesses, and he isn't to possess or consume alcohol, cereal malt beverages or illegal drugs.

Funk also is to submit to drug and alcohol testing, isn't to possess weapons, isn't to operate a motor vehicle without a driver's license and insurance, and he isn't to travel outside Shawnee County or the state of Kansas, court records said.

Funk is to next appear at a preliminary hearing on Feb. 14.

In an affidavit obtained by 13NEWS in December, the document said a gas-powered generator was located in an attached garage of the residence. A power cord from the generator ran into the residence to a portable air conditioner in the living room, and the overhead garage door was closed. Trace amounts of carbon monoxide were detected in the residence.

Early on July 23, Timothy Funk Sr. woke up and found that both granddaughters were sick and had thrown up in the living room.

At this point, officers "started to believe that carbon monoxide poisoning may have been a contributing factor" in Brandy Funk's death, the affidavit said.

In a motion filed December 9, defense attorney Seth Brackman wrote that according to the affidavit filed in the case, Timothy Funk Sr. "ran a generator in a garage that was technically attached to the house, but had no access between the house and garage without going outside first."

Law enforcement "officers believe carbon monoxide was expelled from the generator and infused to the air in the house resulting in deadly levels of carbon monoxide inside the residence while Mr. Funk and the children slept," the bond motion said.

On July 23, Shawnee County sheriff's deputies found Brandy Funk unresponsive at the Masche Street home in Silver Lake. Medical crews pronounced the child dead at the scene.

The murder charge alleged Funk killed the child "in the commission of, attempt to commit, or flight from any inherently dangerous felony."

Aggravated endangering a child is defined as unlawfully, feloniously, and recklessly causing or permitting a child younger than 18 to be placed in a situation in which the child's life, body or health is endangered. The district court charges didn't specify what the endangering activities were.

It is anticipated that Funk's criminal history will be three or more nonperson felony convictions, "and although Mr. Funk is charged with serious allegations, his criminal history is dated, and he does not have any violent history," Brackman wrote.